Award-winning Afropop chanteuse Ami Faku has approached the Johannesburg High Court on an urgent basis, seeking an interim interdict against music executive Raphael Benza and his company, The Vth Season, over a dispute involving the ownership and control of her music catalogue.
Africa Daily can exclusively reveal that Faku wants the court to prevent Benza , who is the former business partner of the slain rapper AKA, and The Vth Season from claiming rights to her music and from approaching music publishers and distributors while a separate contractual dispute between the parties is still before the court.
In her urgent application, Faku , the brain behind the hit ditty titled Asibe Happy, argues that the Benza and his entity, have been warning major music distributors, including LVRN, Platoon, Empire and Africori, that she remains bound by artist and publishing agreements concluded in 2018 and that signing any deal with them would be risky. She claims these representations have discouraged distributors from working with her and have jeopardised the release of her latest album, Ezikude, and her single Ndisize.
The talented singer is asking the court to prohibit Benza and The Vth Season from informing distributors, publishers or members of the public that they have exclusive rights to her music. She also wants them barred from interfering with her efforts to enter into new distribution agreements and from claiming ownership rights over her recent musical works pending the outcome of the main case.
Faku said she launched separate proceedings in 2025 seeking declarations that key agreements she entered into with The Vth Season have either expired or were lawfully terminated. Those proceedings , she said, remain unresolved.
At the centre of the dispute are three agreements signed in 2018 which involve an artist agreement, a publishing agreement and a management agreement.
The songstress argues that the artist agreement expired in September 2023 after the contract term and option periods came to an end. She maintains that the management agreement also expired in March 2023.
The songbird further contends that the publishing agreement was lawfully cancelled in February 2025 after The Vth Season failed to provide proper royalty statements, financial records and payments due to her under the contract.
In the court papers, Faku claims she repeatedly demanded an accounting of royalties and revenue generated from her music but did not receive satisfactory responses. She argues that this constituted a breach of the publishing agreement and justified its cancellation.
Benza and his company dispute her claims and maintain that the agreements remain valid and enforceable.
A major point of disagreement relates to the artist agreement. Benza and The Vth Season argue that the contract remains in force because Faku failed to deliver a second album as required under the agreement. They contend that this failure amounts to an “incapacity” under the contract, effectively extending its duration.
Faku rejects this interpretation, arguing that the term “incapacity” refers to physical or mental inability to perform and cannot be used to extend a contract indefinitely because an artist has not released a second album.
She also disputes Benza and his company’s claim that the publishing agreement remains valid, insisting that it was lawfully terminated after repeated contractual breaches.
In her affidavit, Faku alleges that Benza and his company have gone beyond merely defending their position in court and have actively sought to prevent her from securing distribution deals for her new music.
She claims that distributors and publishers have been warned that legal action could be taken against them if they distribute her music while the contractual dispute remains unresolved.
According to Faku, she only became aware of the extent of the alleged interference after engaging with several major music distributors while seeking a release partner for Ezikude, an album she says took years to complete and was funded at her own expense.
She states that distributors initially expressed strong interest in her music but later became reluctant to proceed.
Particular emphasis is placed on discussions with Africori, one of Africa’s largest music distribution companies. Faku alleges that company representatives informed her they had concerns about potential legal action relating to ownership and copyright claims involving her music.
She claims this demonstrated that distributors were hesitant to enter into agreements because of warnings allegedly communicated by the Benza and his company.
Faku argues that without access to a distributor she is unable to fully commercialise her music, earn royalties or grow her career as an artist.
She further contends that the South African music industry is relatively small and that major distributors are unlikely to risk becoming involved in litigation where ownership rights are disputed.
Faku says the Benza and his entity have effectively achieved through indirect means what they have not obtained through court proceedings, namely preventing her from releasing and distributing her music.
She argues that the conduct has infringed on her constitutional right to freely practise her profession and earn a livelihood as a musician.
The singer maintains that the requirements for an urgent interim interdict have been met because she has established at least a prima facie right to the relief sought, faces ongoing harm if the conduct continues, has no satisfactory alternative remedy and that the balance of convenience favours granting the order.
Faku says the matter cannot wait until the final determination of the main application because further delays could cause significant damage to her career and commercial prospects.
The urgent application is expected to be heard in the Johannesburg High Court on June 30.
Benza said they will oppose Faku’s interdict application. He said they have given Faku a settlement proposal a long time ago but she has not signed it. He said although he was not liberty to disclose the contents of the proposal, it definitely does not involve money.
